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HARRIS JAYARAJ vs. THE JOINT DIRECTOR & OTHERS
(Madras High Court)

Hon'ble Judges:

R. SURESH KUMAR
C. SARAVANAN
Pet. Counsel
Raghavan Ramabadran
Res. Counsel
M. Santhanaraman

Petitioner / Applicant

HARRIS JAYARAJ

Respondent THE JOINT DIRECTOR & OTHERS
Court Madras High Court
State

Tamilnadu

Date Aug 28, 2024
Order No.

W. P. No. 28060 of 2019 And W. M. P. No. 27677 of 2019

Citation

2024(8) TAXREPLY 11253

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ORDER

ORDER R.SURESH KUMAR, J. This Writ Petition has been filed challenging the Show Cause Notice dated 23.10.2018 issued by the 1st Respondent under Section 73 of the Finance Act, 1994. 2. The main contention of the Writ Petitioner to challenge the Show Cause Notice dated 23.10.2018 is that insofar as the leviability of the Service Tax is concerned under Section 65 B(44) of the Finance Act, 1994, the word 'Service' was explained that any activity carried out by a person for another for consideration and includes a declared service but shall not include: (a)(i) a transfer of title in goods or immovable property, by way of sale, gift or in any other manner etc. 3. In that context, insofar as service rendered by the present Writ Petitioner that it is permanent in nature where the entire rights by way of transfer of goods have already been vested with the producer of the films for whom he worked as a musician only. Hence, it does not come under the purview of service....

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